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requests detailed cost eslimating services, (lie Architect shall provide such services as an Additional Service: under
<br />Article 4.
<br />§ 6A If the bidding, has not commenced within 90 Mays after the Architect suhnrits the C'onsiruction Documents to
<br />the Owner, through no fault of the Architect, the 0%%'ner'S hudkcl for the Cost of the Work shall 1)c adjusted to
<br />reflect changes in thc general level of prices in the: applicable construction market.
<br />§ 6,5 If at any (into the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
<br />Wort:, the Architect shall make appropriate recommendations (o the Owner to adjust the Project's size, quality or
<br />budget for the Cost of the Work, and the ONVIlel- shall cooperate with the Architect in making .such adjustments.
<br />§ 6.6 If the Owner's cinTent budgint for the Cost of the Work at the conclusion of the Construction Documents Phase
<br />Services is exceeded by (lie lovvest bond fide bid or neyotrated proposal, the Owner shall
<br />.1 give written approval of an incrco%c in the budget For the Cost of' the Work;
<br />.2 authorize rebidding or renegotiating of tlic Project within it reasonable time;
<br />.3 terminate in accordance with Section 9.5,
<br />.4 in consultation Willi the Architect, revise the Project program, scope, or qualify as required to reduce
<br />the Cost of the Work; or
<br />.5 implement any other mutually acceptable a+lternalive..
<br />§ 6.71f the Owner chooses to proceed under Section 6.6.4, the Arclhileel, without additional compensation, shall
<br />modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
<br />conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The
<br />Architcc('s mortification of the Construction Documents shall be the limit of the Architect's responsibility under this
<br />Article 6
<br />ARTICLE 7 COPYRIGHTS AND LICENSES
<br />§ 7,1The Architect and the Owner Warrant that in transmmitting Instruments of Service, or any other information, the
<br />transmitting party is the copyright owner of such information or has permission from the copyright owner to
<br />transmit such information for Its Use on the Protect. If the Owner and Architect intend to transmit instruments of
<br />Service or any other information or documentation in digital form, they shall endeavor to establish necessary
<br />protocols governing such transmissions.
<br />§ 7.2 The Architect and the Ara llheo',s consultants .Shall be deemed the authors and owners of their respective
<br />Instruments 01, Service, including the Drawingsand Specifical ions, and shall retain all common law, statutory and
<br />other reserved rights, including; copyrights. Submissiori or distribution of Instruments of Service to meet offieial
<br />regulatory requirements or for similaar purposes in connection with the Project is not to he construed as publication
<br />it derogation of the reserved right, of Ilic Architect and the Architecl's consultants,
<br />§ 7.3 Upon execution of (till AN'rceinellt, the Architect grants to the Owner a nonexchisivu license to use the
<br />Architect's Instruments of Service solely and exclusively for purposes of constructing, using,, (maintaining, altering
<br />and adding to the Project, provided that the Owner- substantially performs its obligations. including prompt payment
<br />of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the
<br />Architect's consultants consistent With this Agreement. The license granted under this section permits the Owner to
<br />authorize the Contractor. Subcontractors, Sub -subcontractors, and material or equipment .suppliers, as well as the
<br />Owner's consultants and separate contractors, to reproduce applicable portions of the instruments of Service solely
<br />and exclusively for use In performing services or construction for the Project. If the Architect rig;hltully terminates
<br />lhis Agrcernent for cause as provided In Section Q.4, the license granted In this Section 7.3 shrill terminate.
<br />§ 7.3.1 in the event the Owner uses the lnstrurnents of Service without retaining author of the himruinewt of Service,
<br />the Owner releases the Architeci and Architect's consullant(s) front all clainis and causes of aclion arising from such
<br />uses. The Owner, to the extent permiried by law, furlher agrees to indemnify and hold harmless the Architect and its
<br />consultants from all costs and expenses, including tlrc cost of,de.fcnsc, rehired to claims and causes of action asserted
<br />by any third person or entity to the extent such cost: and expcirsus arise from the.. Owner's use of the lustrumcnis of
<br />Service under this Section 7.3.1. I'he terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates
<br />this Agreement fen- cause under• Section 9.4,
<br />(nit. At Doc urnent 8104'M-2007. Copyright(P 1974, 1978; 19B7, 1997, and 2007 by ncc Anrorican Inslilute of Atchilects. At rights reserved. rAriIlIo'
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<br />„ Ptirotiasers ar, Iron lied to tepiodurp ten {1ti}copies of IN%, duc tenant whop wrnplutrru. To mputl copyright vinlettoos of AIA Gootract Documents, a
<br />rna. Trrc Arrsodearr IwAlmle or Axhilucls' lugol cnunsur, ropyrigkt@aid.vrg
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